Private Law Theory

ABSTRACT
In Barton v Gwyn‐Jones the Court of Appeal considered the remedies available to a service provider who performed services pursuant to a contract that expressly stated that they were entitled to payment of a specified sum if the services led to a particular result, but did not expressly state whether the service provider was entitled to payment if the services failed to lead to that result. This note argues that the best explanation of the remedy awarded by the Court of Appeal is restitution for a ‘failure of condition’. It is further argued, although more tentatively, that the restitutionary award was probably not inconsistent with the parties’ contractual allocation of risk.

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Timothy Pilkington, Failure of Condition or Implied Term?, Modern Law Review, https://doi.org/10.1111/1468-2230.12593. First published: 29 October 2020.

First posted 2020-10-30 16:31:39